RCW 9.94A.780
Offender supervision assessments. (Effective until August 1, 2009.)

(1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be for the duration of the terms of supervision and which shall be considered as payment or part payment of the cost of providing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the assessment based upon any of the following factors:

     (a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.

     (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.

     (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.

     (d) The offender's age prevents him or her from obtaining employment.

     (e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.

     (f) Other extenuating circumstances as determined by the department.

     (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.

     (3) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.

     (4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.

     (5) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community placement, community custody, or community supervision, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.

[2003 c 379 § 18; 1991 c 104 § 1; 1989 c 252 § 8; 1984 c 209 § 15; 1982 c 207 § 2. Formerly RCW 9.94A.270.]

NOTES:

     Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.

     Intent -- Purpose -- 2003 c 379 §§ 13-27: See note following RCW 9.94A.760.

     Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.

     Effective dates -- 1984 c 209: See note following RCW 9.94A.030.

     RCW 9.94A.780
Offender supervision assessments. (Effective August 1, 2009.)

(1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be for the duration of the terms of supervision and which shall be considered as payment or part payment of the cost of providing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the assessment based upon any of the following factors:

     (a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.

     (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.

     (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.

     (d) The offender's age prevents him or her from obtaining employment.

     (e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.

     (f) Other extenuating circumstances as determined by the department.

     (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.

     (3) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.

     (4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.

     (5) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community custody, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.

[2008 c 231 § 37; 2003 c 379 § 18; 1991 c 104 § 1; 1989 c 252 § 8; 1984 c 209 § 15; 1982 c 207 § 2. Formerly RCW 9.94A.270.]

NOTES:

     Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.

     Severability -- 2008 c 231: See note following RCW 9.94A.500.

     Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.

     Intent -- Purpose -- 2003 c 379 §§ 13-27: See note following RCW 9.94A.760.

     Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.

     Effective dates -- 1984 c 209: See note following RCW 9.94A.030.